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Supreme Court Preview 4th Amendment

Series/Special. A preview of two cases facing the Supreme Court dealing with the fourth amendment. New.




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North Carolina 17, Mr. Dalton 7, Carolina 4, Perdue 4, Mr. Mccrory 3, Us 3, Washington 2, Rainmaker 2, Li 1, The City 1, Perdue Administration 1, The Nation 1, Obama 1, United States 1, Feds 1, Mackenzie 1, Charlotte 1, New York 1, South Carolina 1, America 1,
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  CSPAN    Supreme Court Preview 4th Amendment    Series/Special. A preview of two cases facing the  
   Supreme Court dealing with the fourth amendment. New.  

    October 28, 2012
    2:30 - 4:10am EDT  

am concerned. >> we were listening to people outside before we began, talking about their concerns about the next governor of the state which included a nine- year-old who wrote as a note -- how can you keep north carolina's budget without raising taxes or cutting education? i want to give you an idea that you don't have to be of voting age to be genuinely concerned to attend a debate and try to ask a question. >> we have a slightly different question to each of you. earlier this year, you supported a temporary increase for education and you have change your position and you said you'd do not support the tax increase. you have also said we need to spend more on education than we currently are. where would you find the extra money? >> i did not change my position. i supported the extension of 3/4 of a penny sales tax. the budget that was submitted was a two-year budget.
i said we needed to temporarily extend that 3/4 of a penny. i have always said as governor i would not raise that sales tax. if you go to my website and look in my education plan, you will see why fund everything i have talked about. there is $1 billion out there that i have identified that is real and will form that without any increase in the sales tax. the only tax that would be increased is taking back a tax benefit that the republican legislature gave to people making hundreds of thousands of dollars who where equity owners and things like dental practices and medical practices and law practices. they did not ask for the benefit period when the governor vetoed a budget, he said we will veto because it made more money for education. i said publicly she said the top of that budget --
we cut economic development. we cut $1 billion out of health care and their fund and $140 million for people making well over $100,000 who are not adversely impacted by the economy. the only tax increase in the plan i have is a far better use of that money. they should not have spent at $140 million. >> we're with the money come from? >> they are projecting growth at 2.5%. that would be $500 million. there was also a provision that if you are a small business and
have to pay for your trademark or logo that the out-of-state company that owns that would normally have to pay tax in north carolina for that revenue. they have exempted that's about out of state company no longer pays taxes in north carolina but that small business in north carolina is still paying every penny for that logo. we have about $1 billion on the books in bad debt, taxes that are owed. we collect about $500 million per year. when i was in the senate, i supported technology that is now in place that makes it that much more efficient. i think we can collect $100 million and probably keep $100 million off the books if we do that right. that is getting close to it and there are other things like a streamlined the sales tax through voluntary compliance. they cannot require internet companies and catalog companies
to collect a certain tax. they are providing jobs for our people and paying taxes by an out-of-state company gets an advantage. we need help from congress but through voluntary compliance, there is $70 million identified on that. i have detailed plans for economic recovery, education and ethics. i have seen nothing from my opponent detailing anything other than his campaign saying that they do not reveal the details on his tax plan because it would be dead on arrival. >> we will get into that with mr. mccrory. you have said you would like to abolish personal and corporate income tax in north carolina but you pointed out there is no more new money in north carolina. these new taxes bring in about 60 cents on every dollar. where would you find the funding to cut those taxes?
>> let me correct mr. dalton -- he and the governor were the leading proponents of the 15% sales tax increase. they lectured the entire state for not following their lead. thankfully, no one followed them in accepting that 15% sales tax increase which he now has changed his mind on. my initial goal is to update a tax system that a 60-year-old. i would like to at least of our income tax, the corporate tax "competitive with our neighboring states like south carolina and virginia. tennessee is in a different stratosphere but we should look at all plants with regards to updating our tax system. the current revenue chairman who used to work in the legislature with mr. dalton is a big proponent of updating and
reforming our tax system. knowing it is totally outdated. we don't need piecemeal tax credits and more that he is recommending in his plan. it is so confusing as to who gets tax credits. let's have a comprehensive reform supported by republicans and democrats alike. that is exactly what i plan to do as governor is lead that effort to look at a modernization of our tax plan. i think it will be bipartisan and it will have to be to get past. >> when we talk about tax reform in the legislature, democrats and republicans like to use the term "revenue neutral." how would that bring in the money to pay for the kind of cuts you're talking about? >> it should be revenue neutral because i am not asking for more money. i would agree with mr. dalton at looking at such things as
internet sales in which it is a disadvantage to bricks and mortar. i hope to get money from gas exploration and long term. that is a consumption we can get. if you look at the states that are going into gas and oil exploration, their revenue is increasing. the goal of tax reform and simplification of taxes and a decrease in income or corporate tax to be competitive, you grow business. when you grow business, you grow revenue and jobs as opposed to just asking for more and more taxes when governor perdue got elected, the first thing she did with mr. dalton's approval was increase the corporate tax, increased income tax, and ask for a sales tax increase. our employment in north carolina just took a huge dip and that was not good leadership. >> try to be as concise as you can in your response is because we could spend an hour and a to these questions and we want to get to as many topics as possible. oflet's stick with the theme funding source -- 180 miles of 95 runs through north carolina.
that is a roadway that is in need of repairs and upgrades. where would you find the money for the repairs and upgrades on 95? >>tolling should be the last choice particularly for existing roads like 95. you have to look at public/private partnerships. we have seen least purchasing an appeal of the federal revenue stream, we have done garden bonds to help in that fashion. we need to get more of our federal tax dollars back from the federal government.
we send more money up to washington than we get back. those are the atom is we would look at. he talks about getting money from gas exploration and by his own admission, that is success tenures out. he talks about a plan that will cost $11 billion -- >> let's be concise and stay on subject. >> 95, li's purchase, public- private partnership, let's get money back from the federal government. let's prioritize some of the traffic. if the look at my logistics task force report, it was a commission of republicans and democrats and we talked about some of these things around the state. in the cities, we should give a tax benefit or incentive for people who live inside the belt law and that we get people off the belt line during those tight traffic turned to allow congress to travel. >> where would you find a funding source to repair and
upgrade 95? >> the first thing i would do is look at other roads that are being considered for construction which some areas don't even want. congestion or safety issues are not really an issue there and we should take that money from those other road projects to help 95 other major corridors. the other thing i've been recommending for over 10 years is that since 1988, which followed a program called the equity formula. it does not take into consideration congest in, say, economic development, or the environment. what it is doing in north carolina is punishing those cities and towns that have major interstate highways going through them including here in rocky mount. the current formula of this division puts any money into '95 which is an interstate highway connecting the south with the north, that means rocky mount
has no money for any other rural road. this is unfair to those towns and cities along the 95 corridor, i-26, 577, id-5 corridors because they're being punished for having interstate highway going through them according to this equity formula. this has got to be changed so we have a separate revenue stream and more equally distributed for those areas that have interstate highways going through them that serve not only all of north carolina but serve the entire region. i agree with some of the public- private partnerships and some of the pay-as-you-go funding that north carolina has been doing. >> we have a lot of voters submit questions to was on line. this one had to do with mental health. that topic came up time and again.
the management of mental health has arisen because consumers of the services and the most qualified providers of the services have not as much input as the bureaucrats. how would you target resources more efficiently so treatment is more effectively provided and the service providers are professionally qualified? >> i would meet lee tried to change the rules that govern perdue recently signed a which is pushing people out of senior homes and possibly out on the street. these are usually older people with mental health issues and in january, we could have a major catastrophe where we have homes in the rural areas that could close down because these people will be moved out and it will
put more pressure on state government. that is the first thing i think we should do and the second thing is i will not support getting rid of all land where dix hospital was. we build a new hostile and close down an existing hospital and gained almost no new bids that made in a difference. we also moved beds out of areas where the greatest population are mental health patients. in those areas, the patients are either in our jails were in our emergency rooms. this has to be a comprehensive plan. there is no easy answer. i think this will be the most serious issue in addition to dealing with possibly the obama care situation that the next governor will have to deal with. there has been no improvement in the mental health system right now in the last four years even though governor perdue promised to fix it. >> i believe he has opposed the affordable care act which would give resources for this type of problem. several years ago the mental- health directors said we need to privatize the system. it has not gone well. it was called divestiture.
i talked to a doctor and said this was not working in rural areas. but there was that they would leave the mental health system and form their own private businesses. they left certain rural areas so our police department became the mental health department by picking them up and taking them to the emergency rooms. when need to listen to the providers. one benefit of the affordable care act would be to provide more managed care in the mental health a reno. we need to listen to the providers and make sure that there is managed care out there. people can become a threat to the public if they are not on their medication or someone is not attending to their needs.
with the divestiture, case management was hurt and need to repair that and one way will be when the affordable care act comes into play. this is one area that will be helpful. >> i want to agree with mr. dalton on one thing -- in made an accurate statement but i strongly disagree with obama care. this is something that governor perdue and mr. dalton supported from the beginning. they recommended no changes in the legislation. they did not challenge legally the legislation. the impact this will have a north carolina is going to be dramatic. i am very concerned right now that we will have many businesses here in rocky mount that could literally -- we're not offering insurance anymore and we will pay the penalty of obama care and let the federal government taken over and literally not offer insurance to its employees anymore.
the impact of this on our medicaid system which is already financially struggling, in three years, could be staggering to the state of north carolina. i do disagree with that. i think the states should come up with their own plan as opposed to the federal government having one plan for all 50 states. >> i do think the affordable care act needs some amendments to help small business but the reason i support it is because i think it will be good for the health of our citizens and the health of our economy. the first three years brings no cost to the state. i want the tax money to come back from washington, d.c. the first three years are without cost to the state so we can opt out at any time so there is little risk.
after that, $15 billion of your taxes will come back to the state. i think it will help create jobs and give battle health care particularly for rural areas because that's where you're medicate based is. the rural hospitals operate on a very thin margin. this will help them so broad that more than that, it will give the mental health patients better care. the king keep their children on health care until the age of 26 and being a woman will not the a pre-existing condition. there is a lot of good things there.
>> i know you have a lot you want to say but you could just condense it, it will help all of us. >> speaking of women's health issues, state lawmakers passed the women's rights acts that edit restrictions and made it more difficult for women to get abortions in north carolina. what further restrictions on abortion would you agree to sign? >> nine. none. [laughter] >> i can't do it fall for that one. >> i did not agree with this restriction i would put no further restrictions on a woman's rights. >> we are going to move on -- [laughter] to a couple of issues that i want to get into -- some individual questions -- >> can have a long response now? [laughter] >> i have a couple of questions that are individual questions. the first one will be to you, mr. mccrory.
in this political season, voters are asking us to ask you for transparency. straight answers, no nuancing of words as we have seen in the presidential debates. can you set us straight as to exactly what your job is, the type of work you do, what is your typical day like, and how much do you make for doing this type of work? you have worked for some fine north carolina companies that have a working relationship with the government, state government. why not be open to talk about the specifics? >> first of all, i have submitted to the north carolina board of elections everything that past governors have submitted and that is explaining exactly where i get my income, or my stock ownership
is, what my wife is in the audience in on a 2600-square- foot house and have two used cars that are paid for. that is it. i have no pension, no government pension, i will probably be working the rest of my life. i am proud to work with a law firm where i provide some business expertise. i offer consultation and strategic planning. sometimes lawyers need advice because they are lawyers, they need advice from non-lawyers. last week philadelphia doing sales training with a major software firm that i was consulting with for four years. i do a strategic planning model for them that i came up with that a similar to a mackenzie model. it is a business model that we
should bring to the executive branch. we have not had people with business experience in the executive branch and the leadership experience i have had as mayor. we need a government that understands business. we need a governor who knows how to read a balance sheet and understands operating and capital costs and unfunded mandates. this is what i've done in the public and private sector. i am proud of that and a group of a family where you don't tell each other's salaries. that is what my mom and dad taught me and i will not break my mom and dad's code. >> you have said several times -- what executive experience do you bring that will qualify you to be governor of this state? but my experience in the senate and as lieutenant governor -- when i became lieutenant governor, you're not given many constitutional powers but you make of the office what you can.
i immediately went on a small business listening tour to over 25 venues in north carolina. it does not help to listen unless you do something. i worked to create a small business assistance fund to help these businesses get through these times and get some money from the legislature. i worked with the sba to craft something to allow small businesses to accept a $28 million. in 2003, i have done the innovative education act to create early colleges in north carolina and lay the foundation. today we have about 75 early college high schools. "the new york times" has said that is a model for the nation. 13 southern governors, mostly republican, gave us an award.
i know every agency and i know every part of this state. we need a governor that will not talk only five minutes and not be transparent. i have been transparent. people know what i am doing. we know there was a case several years ago in the supreme court that he took a special interest in. he used his position with the city of charlotte to help pay special interests against a farm family. they say he is a rainmaker, what promises are being made? >> are you a rainmaker, mr. mccrory? >> i am a great marketer, someone who can sell north carolina is what we need. i help client development with my law firm and my brother's company. i am in the private sector now. i'm not working for government. if i don't win this election, will stay in the private sector. we need to build the private sector instead of tearing down the private sector. it is ironic -- this is the way business is being treated north carolina as the enemy.
the only way we will rebuild the economy show the business sector we appreciate them and we want the private sector to grow. it is the private sector that pays the taxes for our teachers and firemen and police officers and builds our roads. this is what we need. >> we could debate that when all night long. if you think promises are being kept. i have one more question for you, mr. mccroy.
does the state auditor still have your support? >> i am concerned about some of the things i am reading. i think it has been disadvantageous to have things released while people are voting. their allegations and i am most concerned about the family members of those involved who had nothing to do with what ever you are reading about. if there continues to be things and police reports that show behavior that is not appropriate for elected officials especially regarding false police reports -- is hard for me to basin in knowledge on unfounded allegations. i will complement the current auditor at the same time. i think she has done a good job. she had the courage to stand up to the perdue administration on broken government issues that someone needed to stand up to and she was the only member of the council of states that did stand-up to the broken government.
>> as of tonight, it is a wait and see? >> think it is an extremely unfair to make a final decision based on allegations. right now, i care deeply for the families that are impacted. >> mr. dalton, conventional wisdom says immigration is a federal issue but some say -- some states have taken steps of their own like arizona. a federal judge last month modified the arizona statute that allows police to ask for their documentation. if lawmakers approve a similar law, would you sign it? >> i would have to talk to law enforcement issues for the state. if our highway patrol does that,
we have seen them, but i would patrol. i think they lost 200 positions. anything you do on legal immigration at the state level is an unfunded mandate. as a federal issue and i think the congress needs to take this issue and do something with it. if we do anything, we're putting a greater burden on our law enforcement officials. they are stressed and of dealing with our state law violations. i would consider it but i would have to look at the specific law. 487g or whatever we did with the sheriff's department, we are doing that but i think that was federal money. that is up to local governments that we have cut law enforcement because of deep budget cuts. the last two highway patrol schools have been cancelled. i think there lost around 200 positions. anything we do is an unfunded mandate and i would talk to the highway patrol and consider it
>> based upon the recent decisions of the court and it will probably go all the way to the supreme court again, i don't think it is needed at this point in time let's wait until those are challenged. as a mayor and the governor, i am sworn to uphold the constitution of north carolina but also sworn to uphold the constitutional laws of the united states of america. as mayor, federal laws were enforced by our local police. if federal law enforcement officials saw something that was local law being broken, they have the authority to hold a person over. there has to be coordination whether it is a federal bank robber or local police help the feds. i'm a big supporter of the 287g effort to use that. one of the problems we have now with a legal emigration, we don't know the identity of many people in our state. they have up to six different forms of identification.
the 287g program made sure that if a person was arrested we could find out who they were based on federal crime records. that is an important program and i'm disappointed their current president is discouraging the implementation and continuation of 287g. i think the president is wrong on that issue. i hope that changes. >> we will get into a lightning rod but hopefully the questions will elicit shorter answers. >> you are both public servants. we solicited the number of our questions from our viewers. what impresses you about your opponent? >> i think anyone that has been in public service should be commended for that.
he has been dedicated to his public service. >> i actually like his idea regarding the college prep programs in the community colleges. i thought that was an original idea. if i become governor, i will proceed with that and try to expand more rapidly. i am impressed -- he is a great family man and i know the people of this town have a great deal of respect for him. i respect him for having the courage to run for these elective offices because it is not easy on the family. >> north carolina is a right to work state which does not require union membership.